Legal Question in Family Law in Minnesota
Defamation of Character
We received a very nasty letter from my husbands ex-wife the mother of his children. The girl has gone back to live with the mother, the boy is still with us, she accuses my husband that we are not taking care of her son, and other accusations that are not true, the daughter gets material things when she tells all these lies, so it has gotten worse. we have legal custody of the boy, the mother signed a letter stating that she didnt need child support, now she has demanded money, she has falsly accused us of unspeakable acts. and she is getting this all from her daughter. there is no proof what so ever in these claims. but the mother believes them all and has threatened that if we do not comply with her demands, she is going to sue us. i need to know what i can do to stop the hateful letters that she sends to us. and to stop the hateful letters that she is sending us. all of the accusations are based upon a 12 year olds lies, so that she can get material items. what are my option.
1 Answer from Attorneys
Re: Defamation of Character
It is not uncommon for children to play one parent against the other. If the parents are not working together to parent after a divorce, the situation can get out of control. It sounds like you are rapidly approaching that, if you have not already arrived there.
Your options are rather limited. In general, in Minnesota, once there has been an order awarding physical custody to one parent or the other, the non-custodial parent must prove that the well-being of the child (physical, mental or emotional)is in danger. In your case, the burden will be on the mother to prove that the child is in danger while in his father's custody. Depending on the specific facts of the case, endangermentis rather difficult to prove.
Depending upon the frequency and the content of the letter or letters from the ex-wife, your husband may be able to obtain a harassment restraining order so that she is prohibited from having any contact with him, or one that severely limits her contact with him.
If you would like to talk directly with me about this, you may call me at (763) 428-8973. I won't charge you for a relatively brief telephone discussion, and perhaps we can clarify the situation a little bit for you.
Cathy A. Wagner
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